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1. The Defendants’ real estate corresponding to each of the Defendant’s real estate listed in Appendix 1’s Schedule B.
Reasons
1. Basic facts
A. The Plaintiff is a reconstruction association that completed the registration of incorporation on June 1, 2010 for the purpose of improving urban environments and contributing to improving the quality of residential life through a new project to remove worn-out and inferior structures on the ground of 37,022,00 square meters of G G in the Gu Government-si, and newly build new structures (hereinafter “instant rearrangement project”).
B. The progress of the instant rearrangement project is as follows.
1) On December 21, 2009, designation of a rearrangement zone (H 2 of Gyeonggi-do Office 2) 2) approval and announcement of a project implementation plan on January 28, 2014 (i) approval and announcement of a project implementation plan on March 13, 2020 (public notification I in the case of the Government)
C. The Defendants occupy each Defendant’s real estate as the owner or the proprietor of each real estate among the real estate indicated in the attached Table 1’s list located within the rearrangement zone of the instant rearrangement project (hereinafter “instant real estate”).
[Ground of Recognition] Defendant B and E: A without dispute, each entry in Gap evidence 1 through 5, the purport of the whole pleadings, Defendant C, D, and F: Confession
2. Determination on the cause of the claim
A. Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the head of a Si/Gun, etc. approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government.” The main sentence of Article 81(1) provides that “When a public announcement of a management and disposal plan is made pursuant to Article 78(4), a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building by the date of
B. As seen earlier, the fact that the management and disposal plan authorized for the instant rearrangement project on March 13, 2020 with respect to the occurrence of the obligation to deliver real estate was publicly notified is as follows. Therefore, the Defendants, barring any special circumstance, shall be the Plaintiff.